An Act
ENROLLED HOUSE,
BILL NO. 1123 By: Biggs of the House
and
Marlatt of the Senate
An Act relating to crimes and punishmen ng
certain acts unlawful; providing penalties; defining
term; providing for codification; and declaring an
emergency.
SUBJECT: Crimes and punishments
IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
the Oklahoma Statutes as Section 1792 of Title 21, unless there
created a duplication in numbering, reads as follow:
A. Any person who shall willfully trespass or enter property
containing a critical infrastructure facility without permission by
the owner of the property or lawful occupant thereof shall, upon
conviction, be guilty of a misdemeanor punishable by a fine of not
less than One Thousand Dollars ($1,000.00), or by imprisonment in
the county jail for a term of six (6) months, or by both such fine
and imprisonment. If it is determined the intent of the trespasser
is to willfully damage, destroy, vandalize, deface, tamper with
equipment, or impede or inhibit operations of the facility, the
person shall, upon conviction, be guilty of a felony punishable by a
fine of not less than Ten Thousand Dollars ($10,000.00), or by
imprisonment in the custody of the Department of Corre
term of one (1) year, or by both such fine and imprisonment
B. Any person who shall willfully damage, destroy, vandalize
deface or tamper with equipmen a critical infrastructure
facility shall, upon conviction, be guilty of a felony punishable by‘a fine of One Hundred Thousand Dollars ($100,000.00), or by
imprisonment in the custody of the Department of Corrections for a
term of not more than ten (10) years, or by both such fine and
imprisonment.
C. If an organization is found to be a conspirator with persons
who are found to have committed any of the crimes described in
subsection A or B of this section, the conspiring organization sha
be punished by a fine that is ten times the amount of said fine
authorized by the appropriate provision of this section.
D. As used in this section, "critical in
means:
rastructure facility"
+ One of the following, if completely enclosed by a fence or
other physical barrier that is obviously designed to exclude
intruders, or if clearly marked with a sign or signs that are posted
on the property that are reasonably likely to come to the attention
of intruders and indicate that entry is forbidden without site
authorization:
a. a petroleum or alumina ref
nery,
b. an electrical power generating facility, substation,
switching station, electrical control center or
electric power lines and associated equipment
infrastructure,
¢. a chemical, polymer or rubber manufacturing facility,
d. a water intake structure, water treatment facility,
wastewater treatment plant or pump station
e. a natural gas compressor station,
f. a liquid natural gas terminal or storage facility
g. a telecommunications central switching office
h. wireless telecommunications infrastructure, including
cell towers, telephone poles and lines, including
fiber optic lines,
ENR. H. B. NO. 1123 Page 2i. a port, railroad switching yard, railroad tracks
trucking terminal or other freight transportation
facility,
j. a gas processing plant, including a plant used in the
processing, treatment or fractionation of natural gas
or natural gas liquids,
k. a transmission facility used by a federally licensed
radio or television station,
1. a steelmaking facility that uses an electric arc
furnace to make steel
m. a facility identified and requlated by the United
States Department of Homeland Security Chemical
Facility Anti-Terrorism Standards (CFATS) program,
n. adam that is regulated by the state or federal
government,
gas distribution utility facility including,
but not limited to, pipeline interconnections, a city
gate or town border station, metering station,
aboveground piping, a regulator station and a natural
gas storage facility, or
p. a crude oil or refined products storage and
distribution facility including, but not limited to,
valve sites, pipeline interconnections, pump station,
metering station, below or aboveground pipeline or
piping and truck loading or offloading facility; or
2. Any aboveground portion of an oil, gas, hazardous liquid or
chemical pipeline, tank, railroad facility or other storage facility
at is enclosed by a fence, other physical barrier or is clearly
marked with signs prohibiting trespassing, that are obviously
designed to exclude intruders
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 1123 Page 3ssed the House of Representatives the 28th day of February,
2017.
Presiding Off.cer’of the House
of Representatives
Passed the Senate the 26th day of April, 2017.
ing Of
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this 2 7
day of Anil 20 fF _, at D:5O otciock P M
ra
Approved by the Governor of the State of Oklahoma this 3
, 20 fF, at Zeoere. P. ”
Governor of state of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this 3 Fol
lday of 2 , 20 AT, a SY ore a M
loc